Author: Michèle Finck Publisher: Oxford University Press ISBN: 0192538993 Category : Law Languages : en Pages : 237
Book Description
This book explores the role and status of local and regional authorities (also referred to as 'subnational authorities' or 'SNAs') in European Union law, and reveals the existence of two parallel yet opposed constitutional imaginations of the supranational legal order. Through a survey of various areas of EU law, including primary and secondary legislation, case law as well as various soft law instruments, Finck introduces two narratives. These are the 'outsider narrative' and the 'insider narrative' that frame these constitutional imaginations. According to the outsider narrative, the structure of the legal order is bi-centric, composed of the member states and the EU only. This narrative envisages SNAs as outsiders of EU law, whose interactions with Union law are merely of an indirect nature. However, in addition to this well-known account of EU law, a parallel yet distinct narrative can be identified according to which SNAs are insiders that entertain direct relations with the European Union and contribute to the substantive development of EU law. It is illustrated that the coexistence of both narratives has wider implications as it points towards a shift in the structure of the European legal order itself, which is transitioning from bi-centricity to polycentricity.
Author: Carlo Panara Publisher: Springer ISBN: 3319145894 Category : Law Languages : en Pages : 202
Book Description
This book is the first monograph-form legal study on multilevel governance in the EU and represents a radical change in the approach to this topic. Particularly after the Treaty of Lisbon’s entry into force, research on multilevel governance can no longer remain confined to the analysis of political dynamics or of soft law arrangements. Multilevel governance emerges as a constitutional principle in the European constitutional space, envisaging a method of governance based on the strong involvement of sub-national authorities in the creation and implementation of EU law and policy. Its foundation is in the mosaic resulting from the constitutional systems of the Union and its Member States. Multilevel governance arrangements play a fundamental part in achieving key Treaty objectives (such as subsidiarity, respect for the national identities of the Member States including regional and local self-government, openness, and closeness to the citizen). These arrangements lend legitimacy to EU decision-making, while also promoting constitutionalism and democracy in the EU.
Author: Stephan Lutzenberger Publisher: Springer Nature ISBN: 3030949761 Category : Political Science Languages : en Pages : 149
Book Description
The European Union, as a regulatory polity based on integration through law, arguably relies more on legal compliance with its policies than any other political system. Proceeding from this point of departure, this book puts the spotlight on the subnational tier and scrutinizes its role in ensuring compliance. Drawing on a dataset of infringement proceedings against federal and regionalized member states, the book shows that strong shared rule, i.e., strong cooperation between national and subnational authorities, can improve national compliance records. In contrast, policy sectors with strong redistributive consequences impair subnational authorities’ capacity to comply. In short, policy and politics matter more than polity.
Author: Michèle Finck Publisher: ISBN: Category : Constitutional law Languages : en Pages : 85
Book Description
This LL.M. thesis investigates how European Union law reacts when sub-national actors behave as an autonomous level of public authority. It will look at how supranational law has traditionally dealt with sub-national actors and then examine whether Article 4(2) TEU, introduced into the European legal order by the Treaty of Lisbon, constitutes a new interpretative device having the potential to change the ways in which European Union law looks at these entities. My analysis will show firstly, that the sub-national scale has become increasingly important, both at domestic and European scales, during the past decades, something which is now also reflected by primary law since the enactment of Article 4(2) TEU. It will be seen secondly that it remains unclear whether this provision stands for the direct recognition of local and regional self-government or whether the latter is recognized only indirectly as forming part of the Member State's national identity. Thirdly, it will be seen that the case law preceding the insertion of Article 4(2) TEU into the framework of supranational law is rather heterogeneous. This draws a picture of incoherence as in some areas of the law the Court creates space for sub-national autonomies while in others it does not. Whether this will change under the influence of Article 4(2) TEU largely depends on how this provision will be interpreted in future times. I will illustrate that the Court could opt either for a bold or a more cautious approach in this respect. While the first option would allow to gently create some space for sub-national actors within EU law without conflicting with firmly established principles of the supranational legal order, the second approach could remedy the incoherence that currently characterises this area.
Author: Michèle Finck Publisher: Oxford University Press ISBN: 0192538985 Category : Law Languages : en Pages : 241
Book Description
This book explores the role and status of local and regional authorities (also referred to as 'subnational authorities' or 'SNAs') in European Union law, and reveals the existence of two parallel yet opposed constitutional imaginations of the supranational legal order. Through a survey of various areas of EU law, including primary and secondary legislation, case law as well as various soft law instruments, Finck introduces two narratives. These are the 'outsider narrative' and the 'insider narrative' that frame these constitutional imaginations. According to the outsider narrative, the structure of the legal order is bi-centric, composed of the member states and the EU only. This narrative envisages SNAs as outsiders of EU law, whose interactions with Union law are merely of an indirect nature. However, in addition to this well-known account of EU law, a parallel yet distinct narrative can be identified according to which SNAs are insiders that entertain direct relations with the European Union and contribute to the substantive development of EU law. It is illustrated that the coexistence of both narratives has wider implications as it points towards a shift in the structure of the European legal order itself, which is transitioning from bi-centricity to polycentricity.
Author: Stephen Weatherill Publisher: Bloomsbury Publishing ISBN: 1847311326 Category : Law Languages : en Pages : 180
Book Description
The essays gathered in this collection examine the involvement of self-governing sub-national and regional actors in the law and policy-making of the European Union. State power is today exercised in the context of the complex institutional environment of the EU. But what of regions and sub-national actors? Are their interests adequately represented; can they advance them or can they,at least, protect them from unwitting or calculated damage? This book surveys the broad questions of law and political science and investigates the contribution of the EU's Committee of the Regions and also 'bottom-up' initiatives launched by the regions themselves. Given that much regional autonomy has been hard won, one would suppose that the centralising influence flowing from the EU's intrusion into the domestic settlement would be treated with extreme caution by the regions. Moreover, among the Member States there is great diversity in the patterns of political organisation adopted to cope with the tension between the centralisation of power and respect for local autonomy. Case studies including Spain, Germany and Finland reveal that there is no single consistent historical narrative. States change, as the UK's recent experience illustrates. The book offers findings that are interesting at a general level in investigating patterns of multi-level governance, but is also rich in case-specific information.
Author: Gabriele Abels Publisher: Routledge ISBN: 1351009753 Category : Political Science Languages : en Pages : 156
Book Description
In an attempt to strengthen the legitimacy of European Union (EU) policy-making, the 2009 Lisbon Treaty strengthened the principle of parliamentary control in EU affairs. This pertains to parliaments at all levels ranging from the regional to the supranational level. This book analyses the potential of regional parliaments – the parliaments closest to the citizens – to engage in EU affairs and to fill the perceived legitimacy gap. Eight member states have a total of 73 regional parliaments with legislative powers, and there are further trends towards decentralization in Europe. On its quest to understand the role that regional parliaments can plan in the EU multi-level parliamentary system, the book addresses key questions: What are the formal powers and functions of regional parliaments in EU policy-making? How do they use their powers in practice? How active are they in EU politics, and what do they try to achieve? What factors can explain their degree of (in-)activity? The chapters in this book were originally published in a special issue of The Journal of Legislative Studies.
Author: Michèle Finck
Author: Carlo Panara
Author: Stephan Lutzenberger
Author: Michèle Finck
Author: Michèle Finck
Author: Enrico Borghetto
Author: Stephen Weatherill
Author: Gabriele Abels
Author: Committee of the Regions
Author: Francesca Bignami